ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference:  ADJ-00045158

Parties:

Dispute:

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Date of Hearing:  18/09/2023

Procedure:

This dispute was referred to the Workplace Relations Commission (hereinafter ‘WRC’) pursuant to Section 13 of the Industrial Relations Act 1969 on 2nd April 2023.  There was no engagement from the Employer with the WRC or objection to an Adjudication Officer investigating this dispute.  Following delegation to me by the Director, I inquired into this dispute and gave the Parties an opportunity to be heard and to present any relevant evidence.  I held a face-to-face hearing at Lansdowne House on 18th September 2023. There was no attendance by or on behalf of either of the Parties. 

I satisfied myself that a letter dated 10th August 2023 had properly issued to the Parties confirming the venue, date and time of the hearing.  I confirmed that the notification was emailed to the Worker and posted to the Employer and was not returned undelivered.  I noted that the Worker had been in contact with the WRC by email, had given consent to communication by email and that the hearing notification had been sent to the correct email address.  I confirmed that the Worker had not contacted the WRC to indicate any difficulty attending the hearing or seek an adjournment. 

Section 13(9)(c) of the Act provides that hearings shall be held in private and accordingly, I direct that any information that might identify the Parties within this recommendation should not be published.

Summary of Worker’s Case:

The Worker referred this dispute against his former Employer to the WRC on 2nd April 2023, contending that he had been unfairly dismissed by the Employer after a short period of employment.  The Worker did not attend at the hearing to pursue this dispute against the Employer.

Summary of Employer’s Case:

The Employer did not attend at the hearing to oppose this dispute against the Worker.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to this dispute.  There was no attendance by either Party at the hearing.  I am satisfied that a letter dated 10th August 2023 had properly issued to the Parties confirming the venue, date and time of the hearing.  The Worker had not contacted the WRC to indicate any difficulty attending the hearing or seek an adjournment.  He has not subsequently contacted the WRC to provide an explanation for his non-attendance.  In all the circumstances, I consider his non-attendance to constitute an abandonment of this dispute.  I therefore recommend no concession in relation to this dispute. 

Dated:   11th October 2023

Workplace Relations Commission Adjudication Officer:  Aideen Collard